EU Manual of Dental Practice 2014 Edition 5

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EU Manual of Dental Practice 2014
Edition 5
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Council of European Dentists
MANUAL OF DENTAL PRACTICE 2014
Luxembourg
*****
Authors:
Dr Anthony S Kravitz OBE
and
Professor Alison Bullock
Professor Jon Cowpe
with
Ms Emma Barnes
Cardiff University, Wales, United Kingdom
© The Council of European Dentists
February 2014
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EU Manual of Dental Practice 2014
Edition 5
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The revised EU Manual of Dental Practice (Edition 5) was commissioned by the Council of European Dentists1 in April 2013. The work has
been undertaken by Cardiff University, Wales, United Kingdom. Although the unit had editorial control over the content, most of the
changes were suggested and validated by the member associations of the Council.
About the authors2
Dr Anthony Kravitz graduated in dentistry from the University of Manchester, England, in 1966. Following a short period working in a
hospital he has worked in general dental practice ever since. From 1988 to 1994 he chaired the British Dental Association’s Dental
Auxiliaries’ Committee and from 1997 until 2003, was the chief negotiator for the UK’s NHS general practitioners, when head of the
relevant BDA committee. From 1996 until 2003 he was chairman of the Ethics and Quality Assurance Working Group of the then EU
Dental Liaison Committee.
He gained a Master’s degree from the University of Wales in 2005 and subsequently was awarded Fellowships at both the Faculty of
General Dental Practice and the Faculty of Dental Surgery, at the Royal College of Surgeons of England.
He is an Honorary Research Fellow at the Cardiff University, Wales and his research interests include healthcare systems and the use of
dental auxiliaries. He is also co-chair of the General Dental Council’s disciplinary body, the Fitness to Practise Panel.
Anthony was co-author (with Professor Elizabeth Treasure) of the third and fourth editions of the EU Manual of Dental Practice (2004 and
2009)
President of the BDA from May 2004 until May 2005, he was awarded an honour (OBE) by Her Majesty The Queen in 2002.
Professor Alison Bullock: After gaining a PhD in 1988, Alison taught for a year before taking up a research post at the School of
Education, University of Birmingham in 1990. She was promoted to Reader in Medical and Dental Education in 2005 and served as coDirector of Research for three years from October 2005.
She took up her current post as Professor and Director of the Cardiff Unit for Research and Evaluation in Medical and Dental Education
(CUREMeDE) at Cardiff University in 2009. With a focus on the education and development of health professionals, her research interests
include: knowledge transfer and exchange; continuing professional development and impact on practice; workplace based learning.
She was President of the Education Research Group of the International Association of Dental Research (IADR) 2010-12.
Professor Jonathan Cowpe graduated in dentistry from the University of Manchester in 1975. Following training in Oral Surgery he was
appointed Senior Lecturer/Consultant in Oral Surgery at Dundee Dental School in 1985. He gained his PhD, on the application of
quantitative cyto-pathological techniques to the early diagnosis of oral malignancy, in 1984. He was appointed Senior Lecturer at the
University of Wales College of Medicine in 1992 and then to the Chair in Oral Surgery at Bristol Dental School in 1996. He was Head of
Bristol Dental School from 2001 to 20004.
He was Dean of the Faculty of Dental Surgery at the Royal College of Surgeons in Edinburgh from 2005 to 2008 and is Chair of the Joint
Committee for Postgraduate Training in Dentistry (JCPTD). He has been Director of Dental Postgraduate Education in Wales since 2009.
His particular interest now lies in the field of dental education. He was Co-ordinator for an EU six partner, 2-year project, DentCPD,
providing a dental CPD inventory, including core topics, CPD delivery guidelines, an e-learning module and guidelines (2010-12).
Ms Emma Barnes: After completing a degree in psychology and sociology, Emma taught psychology and research methods for health
and social care vocational courses, and later, to first year undergraduates. Following her MSc in Qualitative Research Methods she started
her research career as a Research Assistant in the Graduate School of Education at the University of Bristol, before moving to Cardiff
University in 2006, working firstly in the Department of Child Health and then the Department of Psychological Medicine and Clinical
Neurosciences.
In 2010 Emma joined Cardiff Unit for Research and Evaluation in Medical and Dental Education (CUREMeDE) as a Research Associate.
Working in close collaboration with the Wales Deanery, (School of Postgraduate Medical and Dental Education), her work focuses on
topics around continuing professional development for medical and dental health professionals, and knowledge transfer and exchange.
1
2
2
CED Brussels Office, Avenue de la Renaissance 1, B - 1000 Brussels, Tel: +32 - 2 736 34 29, Fax: +32 - 2 732 54 07
The authors may be contacted at [email protected]
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EU Manual of Dental Practice 2014
Edition 5
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Luxembourg
Luxembourg
In the EU/EEA since
Population (2013)
GDP PPP per capita (2012)
Currency
Main language
1957
537,000
€60,028
Euro
Luxembourgish
French & German
General health care is funded by contributions from employers,
employees and the government. Dentists work for fixed fees, with the
patient obtaining (variable) reimbursement, using their social security
number as proof of entitlement. 100% of care is provided in general
practice.
Number of dentists:
Population to (active) dentist ratio:
Membership of Dental Association:
512
1,188
90%
Specialists are not recognised. Dentists do have chairside assistants.
Apart from technicians, no other auxiliaries are recognised.
Participation in continuing education is mandatory by law.
Date of last revision: 29th January 2014
Government and healthcare in Luxembourg
Luxembourg is a Western European country sandwiched
between Belgium, France and Germany. It is one of the
smallest European countries in terms of both population and
land area (2,586 sq km).
The year 963 is the starting point of the history of Luxembourg. The count
Sigefroid made an exchange with the abbey of Treves and got the rock of “the
Bock”. He constructed on the ancient Roman castle called Lucilinburhuc (= small
castle) a new castle. Around this castle a town fortress was developed during the
centuries, which explains that the history of Luxembourg is dominated by foreign
sovereignties, which wanted to control this important strategic point. After the
Counts of Luxembourg arrived the Habsbourg from Spain, then the Bourgogne
state, then the Netherlands. Following this, Luxembourg became an intermediate
between the Kingdom of France and the German empire, and finally came the
Habsbourgs from Austria.
The real creation of the Grand-duchy of Luxembourg was in 1815. The Vienna Act
created two separate and independent entities: the Netherlands Kingdom and the
Dukedom of Luxembourg. Since Guillaume I was the King of the Netherlands and
Grand-duke of Luxembourg, this separation was not totally achieved. Guillaume
considered Luxembourg as the 18th province of Netherlands rather than an
independent state. But the subsequent period was characterised by gradual
independence of Luxembourg. The Belgian revolution in 1830 caused a lot of
problems and ended with the London treaty in 1839. Luxembourg lost more than
half of its territory to Belgium at that time, but the treaty confirmed the statute of
independence of the Grand-duchy of Luxembourg. Once more in 1867, the Treaty
of London confirmed the perpetual independence of Luxembourg.
In 1921 the Grand-duchy created, together with Belgium, the “Union économique
belgo-luxembourgeoise”. In 1944 the governments of Belgium, Netherlands and
Luxembourg commenced the foundation of the Benelux Customs Union.
Luxembourg became the first European capital by hosting the siege of the CECA
(communuaté européenne du charbon et de l’acier) the starting point of the
European Economic Community (CEE). In 1957, Luxembourg became one of the
six founding countries of the CEE (later the European Union), and in 1999 it
joined the euro currency area.
The capital is Luxembourg City, in which several EU/EC
departments are situated, (such as the European Court of
Justice, the European Bank of Investment, the European “cour
des comptes” etc).
There is a unicameral Chamber of Deputies or Chambre des
Députés (60 seats; members are elected by direct, popular vote
to serve five-year terms).
There is one healthcare scheme, the Caisse Nationale de
Santé (CNS), which is made up of several sick funds. In the
board of the CNS the representatives of employees and
% GDP spent on health
% of this spent by government
Year
Source
8.2%
2009
OECD
90.9%
2006
OECD
employers have the same number of votes. The President of
the CNS is a functionary sent by the government, so if the
representatives of employees and employers do not find an
agreement, the President can determine the outcome.
The evolution of the budget of the CNS is determined by law. It
is funded by contributions from employers and employees,
funded half and half by each. So, employees pay 3.05% of their
salary for the sick fund and 8% for the pension fund - with the
employer paying the same as the employees. For the state
employees, there is no specific contribution for the pension (this
is regulated by convention).
The sick funds provide membership for different occupational
groups, for example, civil servants, private employees and
workers. There are no differential contributions between funds.
A social security number is required for access to health care.
This number is used for reclaiming charges. For visits to the
doctor or dentist the patient pays the fee and then reclaims it.
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Oral healthcare
The provision of dental care is covered by a detailed Act of
Parliament. Everybody in Luxembourg is entitled to dental care
partly paid for by theCNS, and all dentists must work within it
(so there are no dentists who practice independently of the
state system). Every dentist has an identification number, must
use stationery from the sickness scheme and must charge the
fees specified by the fund, unless a fee is not stated.
% GDP spent on oral health
% OH expenditure private
0.29%
Year
Source
2004
AMMD
No data
The Caisse Nationale de Santé and the different sick funds are
responsible for reimbursements to the patient and are also
responsible for negotiating the fees with the Association des
Médecins-Dentistes. Some patients, because of the low
reimbursements, subscribe to complementary private health
insurances.
The Contrôle Médical gives prior approval for some treatments,
and monitors care. Domiciliary care, when needed, is given.
There are a few private patients. Dental care is provided in
general practice and there is no reported difficulty for access to
care for patients.
4
before cover can begin, and the premiums are linked to age.
Premiums are paid directly to the company and the dentist has
no role in promoting the policies. There is great variation in the
cover they offer and the ways in which premiums are charged.
The Quality of Care
The standards of dental care are monitored by an independent
body called the Contrôle Médical which employs three dentists
who check the standard of care provided. Dentists whose
pattern and cost of care is significantly different from the
average may be investigated. An adverse report can lead to
disciplinary processes for the dentist.
An independent body, the Commission de Surveillance
investigates eventual complaints.
Health data
DMFT at age 12
0.63
DMFT zero at age 12
No data
Edentulous at age 65
No data
Year
Source
2012
MoH
Private insurance for dental care
“DMFT zero at age 12” refers to the number of 12 years old
children with a zero DMFT. “Edentulous at age 65” refers to the
numbers of over 64s with no natural teeth
It is possible to buy complementary private health insurance, for
example to obtain health care abroad, including in some cases
dental care. In the policies presently available, the insurance
company takes the risk. The patient needs good oral health
Fluoridation
There are no formal fluoridation schemes in Luxembourg.
Education, Training and Registration
Undergraduate and Vocational Training
Further Postgraduate and Specialist Training
There are no dental schools in Luxembourg and students must
train outside the country. Likewise, there is no post-qualification
vocational training.
Continuing education
Registration
To register as a dentist in Luxembourg, a qualified dentist must
have a recognised degree from an EU university or the
“Diplôme d’Etat en médecine dentaire” of the Grand Duchy.
Applications must be made to the Ministry of Health, and
dentists must be registered before they can legally practice.
Cost of registration (2013)
€ 275
Luxembourg
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Currently, a minimum amount of continuing education is
required by law, but each dentist decides how much is needed
for proper practise.
Historically, dentists either undertook their continuing education
in Luxembourg (where AMMD organises continuing education)
or they return to the dental school where they have been
trained previously. They also can choose another dental school
or courses.
Specialist Training
In Luxembourg no specialists are recognised and specialist
training is not available.
Language requirements
There is a legal language requirement to ensure that the dentist
understands patients. If a medical mistake occurs and it is due
to not understanding the language the dentist engages in a civil
responsibility.
Workforce
Dentists
Year of data:
Auxiliaries
2013
T otal Registered
512
In active practice
452
Dentist to population ratio*
1,188
Percentage female
40%
Qualified overseas
512
Each year the total number of dentists increases by between 10
and 20. The dentist to population ratio has reduced in recent
years, especially because of immigration, despite the
population increasing. However, this population growth is
increasing much less than in former years.
The dental association believe that the number of practitioners
has reached saturation point and that Luxembourg continues to
have an excess of dentists over need.
Movement of dentists across borders
By 2012 only a few non-EU/EEA national dentists were
practising in Luxembourg. There is evidence that some
relatively newly installed dentists leave the country again,
sometimes after only one or two years’ practice.
Most of the requests of non-EU/EEA nationals to practise in
Luxembourg are refused because of low qualifications.
No dental auxiliaries are permitted to work with patients, except
as chairside assistants to dentists.
Year of data:
Hygienists
T echnicians
2013
0
82
Denturists
0
Assistants
390
T herapists
0
All figures approximate
Dental Technicians
Dental technicians normally train in dental laboratories, with
theoretical education and training taking place in special
courses for technicians in a professional technical teaching
school for other “artisan” professions. There is a special
qualification (with diploma) for dental technicians. Only the
diploma allows a qualified technician to own a dental laboratory.
Most technicians are salaried and work in commercial
laboratories. Fees are charged to dentists for the services. A
small number of technicians work as salaried employees in
practices.
Specialists
Chairside assistants
No specialists are recognised as such and practice as a
specialist is not allowed. It is also not permitted to describe a
practice as, for example, “limited to orthodontics” on practice
name plates or stationery.
There is no formal training or qualification for dental chairside
assistants in Luxembourg. The dentist is responsible for the
training qualification of his chairside assistant.
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Practice in Luxembourg
Year of data:
General (private) practice
Public dental service
2013
448
3
University
Hospital
Armed Forces
General Practice as a proportion is
1
99%
Working in General Practice
Dentists are said to be in “general practice” (all dentists practice
this way). Practitioners work on their own or as small groups,
outside hospitals or schools, and provide a broad range of care.
They are nearly all self-employed and earn their living through
charging the prescribed fees for treatments.
Fee scales
A scale of fees, the Nomenclature des actes et services des
médecins et médecins-dentistes, is published by the Caisse
Nationale de Santé. For most items listed the fee stated must
be charged. However for some items the dentist may, with
prior approval from the Contrôle Médical, charge a higher fee.
The list indicates whether or not prior approval is required for
particular treatments. The Contrôle Médical is the body
responsible for prior approval. Any items of dental care which
are not listed in the Nomenclature may be charged at a
reasonable rate. The patient pays the whole fee to the dentist
and then reclaims the fee, or part of the fee, from their sick
fund.
The sick fund's reimbursement for fixed and removable items
covers a small part of the cost. The patient who wants to
receive 100% of this sick fund reimbursement (and that is only
a small part of the cost) must have attended a dentist at least
once a year, the two years before treatment. Those who cannot
satisfy this condition may only claim a smaller reimbursement.
There are some items of care (prosthodontic) which will only be
replaced under sick fund rules after a specific time period, for
example a crown or bridge every 15 years. The Contrôle
Médical keeps a database with records from the early 1980s to
check this. The percentage of the population who attend at
least once every two years is not published. Likewise, the
number of patients a dentist normally sees is not known.
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____
However, most dentists work as single practitioners and almost
all own the practice in which they work.
Practices must be owned by dentists and more and more
dentists sometimes join together to share facilities. The
equipment and premises of a dental practice can be bought and
sold but there is no provision for selling the right to the patients'
records.
There is no state assistance for establishing a new practice, so
dentists usually take out commercial loans from a bank. Dental
practices are normally in houses or apartments and may not be
located in commercial buildings, for example, in shopping malls
or within the same building as another dental practice.
There are specific contractual requirements between
practitioners working in the same practice. Employees
(chairside assistants, but not the dentists) are protected by the
national and European laws on issues such as minimum
wages, maternity benefits, occupational health, minimum
vacations and health and safety.
Working in Public Clinics
There is no public dental service in Luxembourg although the
Ministry of Health employs 3 dentists (2 of them part-time) who
do not themselves provide care for patients. They undertake
preventive services for children to 12 years and epidemiological
surveys.
At a local level, in some towns basic dental inspections and
health education in schools are done by dentists in general
practice. Children identified as needing dental treatment will
then have to a visit the family dentist of their choice.
Working in Hospitals
In Luxembourg, hospitals are private and dental offices too. No
dentist is working full time in a hospital. Some dentists practice
occasionally special treatments - for instance treatments not
possible under local anaesthesia (surgery, traumatology,
disabled/handicapped people etc.)
The dentist and the hospital then charge the patient separately
the fees for the care provided. To work in a hospital a dentist
needs access to the hospital. Therefore, generally a dentist will
ask a colleague who has the access to the hospital to do the
sessions and to treat the patient.
Joining or establishing a practice
Working in the Armed Forces
There are no rules which limit the size of a dental practice in
terms of the number of associate dentists or other staff.
One dentist serves part-time in the Armed Forces in 2012.
Professional Matters
Professional associations
Advertising
Number
Association des Médecins
Luxembourg
EU Manual of Dental Practice 2014
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Year
Source
410 2013
AMMD
et Médecins-Dentistes
The “Association des Médecins et Médecins-Dentistes” du
Grand-Duché de Luxembourg (AMMD) is the single and only
national medical and dental association. It was founded in 1904
and is a politically independent trade union regrouping all the
doctors and dentists practising in the country. Even though
membership is voluntary, it represents most Luxembourg
doctors and dentists. The Association is administered by a
board of 15 members, amongst which there have to be at least
three specialists, three GPs and three dentists. The mandates
come out of general elections held in the general assembly.
The mandate covers a 4-year period. It is a more than 30-yearold tradition that the President is a specialist, the first of the two
Vice-Presidents is a dentist, and the Secretary-General a GP.
Inside AMMD, dentists have a special association for dentists,
the” Association des Médecins-Dentistes”.
The Association is the main negotiating body with the
government and with the Caisse Natianale de Santé, for
example, for the scale of fees, conventions and other
regulations.
Advertising is not allowed. The Collège Médical and the AMMD
are analysing the situation, with a view to permitting, in the
future, standardised websites.
Indemnity Insurance
Indemnity insurance is compulsory for all dentists working in
Luxembourg. Some companies may cover and allow working in
a location close to a cross border, but this is exceptional.
Tooth Whitening
The EU Cosmetics Directive of 2011 has been enacted, but
tooth whitening is considered a medical act, and is therefore
limited to dentists to provide. There are reports of some activity
by non-dentists, which are pursued by an officer of the Ministry
of Health for the illegal exercise of dentistry, with appropriate
punishments.
Health and Safety at Work
There is no requirement on dentists to ensure that inoculations,
for such as Hepatitis B are completed by their staff, but this is
recommended.
Regulations for Health and Safety
Ethics and Regulation
For
Administered by
Ethical Code
Ionising radiation
Under the authority of the
Health Administration,
controlled by Private Company.
Electrical
installations
No information available
Waste disposal
“Sharps” must be given to a
pharmacy for disposal,
clinical waste is to be
incinerated.
Outside the sick fund system a patient may complain to the
Collège Médical, but only about matters of professional
behaviour rather than the quality or quantity of care. Within the
sick fund a patient may complain to a Commission de
surveillance which may transmit the complaint to a board
headed by a judge.
Medical devices
Under the authority of the
Health Administration,
controlled by a Private
Company.
Infection control
The Health Administration
For other problems, the Court of Justice is available for the
complainant. Likewise, a dentist who has a complaint against
upheld is may be referred to the Court. Ultimately, the right to
practice can be removed. There is also an appeal mechanism.
Ionising Radiation
Dentists in Luxembourg have to work within an ethical code
which covers: relationships and behaviour between dentists,
the contract with the patient, consent and confidentiality, and
advertising. This code is administered by the Collège Médical.
Members of the board include doctors, dentists and
pharmacists. The Collège Médical will also arbitrate between
dentists, if there is a relationship or behavioural problem.
Data Protection
Luxembourg has enacted the Directive on Data Protection and
during 2003 the Association discussed with the government
how the regulations would operate within medical and dental
practice.
There are specific regulations about ionising radiation. The EU
Directive has been enacted. Equipment has to be inspected at
least every 3 years (this is paid for by the dentist). Then there is
a new authorisation for 3 years, until the next inspection.
Hazardous Waste
The EU Hazardous Waste Directive has been incorporated into
law and is actively enforced. Amalgam separators are legally
required.
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Financial Matters
Retirement pensions and Healthcare
VAT
The retirement age in Luxembourg is 65 years. Contributions
are at a rate of 8% from the employee and 8% from the
employer. Dentists, doctors and lawyers belong to the same
sickness fund, called theCaisse Nationale de Santé.
The standard rate of VAT is 15%. An intermediate rate of 12%
applies to wines, advertising and printed marketing materials. A
reduced rate of 6% applies to gas and electricity, and a special
3% rate applies to printed materials, ebooks, water,
pharmaceuticals, most food products, medical equipment,
passenger transport, newspapers, admission to cultural,
sporting and entertainment events, hotels, restaurants and
radio and television broadcasting services.
To collect a full pension, the amount of which depends on how
much has been paid in, the professional must have worked for
at least 40 years. For any benefit, payments for at least 15
years must have been made. A dentist may retire and collect a
pension from the age of 60, provided at least 35 years
contributions have been made.
Exemptions include some financial services and health and
medical services.
Various Financial Comparators
Dentists may continue working beyond the age of 65.
Taxes
Income tax rates are progressive. They vary from 0% up to
40%. A 7% surcharge for unemployment fund applies on the
income tax due. This surcharge for employment is 9% for
taxpayers in tax class 1 or 1A, with a taxable annual income
exceeding €150,000 (or €300,000 for taxpayers in tax class 2).
So, the highest rate of income tax is effectively almost 50%.
Luxembourg
Zurich = 100
2003
2012
Prices (including rent)
75.3
83.3
Wage levels (net)
75.4
82.9
Domestic Purchasing Power at
PPP
88.6
78.7
Source: UBS August 2003 and November 2012
Other Useful Information
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Main national association & information centre:
Competent Authority:
Association des
Médecins-Dentistes
Association des Médecins et
Médecins-Dentistes (AMMD)
29 rue de Vianden
L-2680 Luxembourg
Tel:
+352 444 033
Fax:
+352 458 349
Email: [email protected]
Website : www.ammd.lu
Médecin-Dentiste auprès de la
Direction de la Santé
Villa Louvigny
Allée Marconi
L-2120 Luxembourg
Tel:
+352 478 1
Fax:
+352 467 962
Email:
Website: www.ms.etat.lu